AS Title 47, Chapter 55: Alaska Pioneers' Home and Alaska Veterans' Home

Chapter 55. Alaska Pioneers' Home and Alaska Veterans' Home. Sec. 47.55.010. Maintenance and operation of Alaska Pioneers' Home and Alaska Veterans' Home. (a) Except as otherwise provided in this subsection, the state shall maintain and operate facilities known as the Alaska Pioneers' Home at Sitka, Anchorage, Fairbanks, Juneau, Ketchikan, Palmer, and other sites designated by the commissioner of family and community services. The state may maintain and operate one or more facilities known as the Alaska Veterans' Home at sites designated by the commissioner of family and community services. The only Pioneers' Home that may be maintained and operated as a Veterans' Home is the Pioneer's Home located in Palmer, Alaska. The Alaska Pioneers' Home and the Alaska Veterans' Home shall be collectively administered by the Department of Family and Community Services as the Alaska Pioneers' Home and Alaska Veterans' Home. (b) The department shall formulate general policies for the homes designated under (a) of this section. It may hold hearings and subpoena witnesses and documents and may administer oaths in connection with the homes. (c) The department shall (1) cooperate with the federal government in matters pertaining to the welfare of Alaska pioneers and of veterans who reside in the homes operated under this chapter, make the reports in the form and containing the information the federal government from time to time desires, and accept money and prescription drug benefits allotted by the federal government, its agencies, or its instrumentalities in establishing, extending, and strengthening services for pioneers and veterans who reside in a home operated under this chapter; (2) adopt regulations necessary to conduct business and to carry out the provisions of this chapter, require bonds and undertakings from persons employed by a home as in its judgment are necessary, and pay the premiums on them, and establish regional and local offices and the advisory groups that are necessary or considered expedient to carry out or assist in carrying out a duty or authority assigned to it; (3) perform all executive or administrative duties necessary and advisable to carry out the purpose of this chapter, including the power to make contracts and to make disbursements on vouchers against appropriations for the purpose of this chapter, within the limit of appropriations available; (4) study the needs of pioneers and veterans of this state who reside in the homes operated under this chapter and submit recommendations for new regulations and proposed legislation. (d) The department may employ the necessary subordinate officers and employees, and shall prescribe methods for operation of the homes, standards of care and service to home residents, and rules governing personnel. The methods for operation and standards of care and services to residents prescribed under this subsection shall be the same as the methods for operation and standards of care established by the department for an assisted living home licensed under AS 47.32 . (e) The department may engage in activities directed to increase revenue from a home. These activities may include the use of excess bed or floor space, up to 50 percent of the total floor space in a home, or lease of space or buildings that are not in use or are underutilized. (f) The department shall conduct, at least annually, an unannounced inspection of each site of the Alaska Pioneers' Home and the Alaska Veterans' Home to determine compliance of the facilities with all applicable laws and regulations. Sec. 47.55.020. Admission to home; payments; assistance. (a) Every person residing in the state who is 60 years of age or older, has been a resident of the state continuously for more than one year immediately preceding application for admission, and is in need of residence at a home because of physical disability or other reason, is eligible for admission to the Alaska Pioneers' Home or the Alaska Veterans' Home under conditions prescribed in regulations. The spouse of a person who is eligible for admission under other provisions of this subsection is also eligible for admission to a home under conditions prescribed by the department if the spouse is 60 years of age or older and has been a resident of the state continuously for more than one year immediately preceding application for admission. (b) Every person admitted to a home who receives income from any source in excess of $300 a month shall be required by the department to pay the excess to the department immediately upon receipt of the money in payment, or part payment, of the cost of the person's care. However, the department may not require in any month the payment of an amount greater than the monthly or daily rates set under AS 47.55.030 (f) plus charges under AS 47.55.030 (b) except to satisfy indebtedness incurred under AS 47.55.070 . The department may not evict a person from a home if the income and assets of the person are insufficient to pay the monthly or daily rates set under AS 47.55.030 (f) plus charges under AS 47.55.030 (b) and the person is otherwise in compliance with requirements under this chapter. (c) At the end of each month, the payments made under (b) of this section shall be transmitted to the commissioner of revenue. The department shall pay the sum of $200 a month to a resident who is without income or resources. (d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home whose income, assets, and other resources are insufficient to pay the monthly or daily rates set under AS 47.55.030 (f) plus charges under AS 47.55.030 (b), and who does not have private insurance to cover the cost of care, qualifies for payment assistance if the resident is otherwise in compliance with requirements under this chapter. The amount of payment assistance equals the amount needed, when added to other income and assets of the resident, to pay the monthly or daily rates set under AS 47.55.030 (f) plus charges under AS 47.55.030 (b). Payment assistance received by a home resident is a debt to the state. In determining the amount of payment assistance for which a home resident qualifies, the following income, assets, and other resources of the resident shall be disregarded: (1) income from any source in an amount up to $300 a month as established by the department by regulation; (2) the following assets received under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act): (A) cash dividends and other income equal to at least $2,000 as established by the department by regulation; (B) stock; (C) noncash dividends from stock; and (D) land; (3) a permanent fund dividend issued under AS 43.23 ; (4) compensation to volunteers under the federal retired and senior volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); (5) federal World War II restitution payments made under 50 U.S.C. App. 1989b-4 and c-5; (6) payments under AS 18.67 (Violent Crimes Compensation Board); (7) an amount, determined by the department by regulation, that is sufficient for burial expenses of the resident, the resident's spouse, and dependents of the resident; (8) real property being used as the primary residence of the resident's spouse or a dependent of the resident; (9) other real or personal property equal to at least a total value of up to $10,000 as established by the department by regulation; (10) federal payments that are excluded by law from income for federal assistance purposes. (e) As a condition for receipt of payment assistance under (d) of this section, the department, under regulations adopted by the department, shall require a person to (1) apply for other state or federally sponsored programs that may reduce the amount of the payment assistance; and (2) submit to the department a copy of the person's application for medical assistance coverage under AS 47.07 and the decision letter the person receives regarding the application. (f) Instead of accepting federal prescription drug benefits under AS 47.55.010 (c)(1), the department may adopt regulations to provide comparable prescription drug benefits to pioneers and veterans who reside in an Alaska Pioneers' Home operated under this chapter and who are eligible for federal prescription drug benefits. Sec. 47.55.030. Rates; agreement to pay. (a) A person eligible for admission under AS 47.55.020 may, on application, be admitted to the Alaska Pioneers' Home or the Alaska Veterans' Home upon the person's agreement to pay to the state the applicable amount specified in (f) of this section plus charges under (b) of this section. When this agreement is entered into, the department may require security for the payments. (b) The department may charge a home resident reasonable fees to cover the cost of supplies, medication, equipment, and services provided to the home resident that are not included in the monthly or daily rates specified in (f) of this section. (c) [Repealed, § 9 ch 23 SLA 2020.] (d) [Repealed, § 9 ch 23 SLA 2020.] (e) [Repealed, § 28 ch 90 SLA 1991.] (f) Except as provided in (b) and (g) of this section, the department may charge a home resident a monthly or daily rate of not more than (1) $2,976 a month for the provision of level I care; (2) $5,396 a month for the provision of level II care; (3) $7,814 a month for the provision of level III care; (4) $9,333 a month for the provision of level IV care; (5) a monthly rate the department considers sufficient to compensate the state for the cost of care and support of the home resident for the provision of level V care; (6) $200 a day for services provided to a home resident who requires the provision of housing, meals, emergency assistance, medication administration, health-related services, recreation, and extensive assistance with activities of daily living for up to eight hours a day between 6:00 a.m. and 6:00 p.m., including meals scheduled during the period the recipient is receiving the services; (7) $322 a day for room and board provided in a home to a recipient who requires the provision of housing, meals, emergency assistance, medication administration, health-related services, recreation, and extensive assistance with activities of daily living for 24 hours a day for up to 14 consecutive days. (g) Not later than 90 days after social security benefits are increased under 42 U.S.C. 415(i) (Social Security Act), the department shall adjust the monthly and daily rates in (f) of this section by a percentage equal to the percentage increase in the cost-of-living adjustment provided for the social security benefits. The department may not make any other changes to the rates in (f) of this section. (h) The department shall by regulation define and establish criteria for each level of care in (f)(1) — (5) of this section. Sec. 47.55.035. Exception to admission criteria. An applicant for admission to the home who has been a resident of the state for 30 years and is otherwise qualified for admission under AS 47.55.020 may not be disqualified for admission because of absence from the state if the commissioner of family and community services determines the absence was reasonable and admission is consistent with the intent of AS 47.55.010 — 47.55.100. Sec. 47.55.040. Transfer of mentally ill residents to an institution. A person regularly admitted into the Alaska Pioneers' Home or the Alaska Veterans' Home who is found to be insane may be transferred to an institution provided for the care and custody of insane persons for the state in the manner provided by law for the admission of other persons to the institution. Sec. 47.55.050. Maintenance funds. The legislature shall, each session, appropriate the necessary funds for the maintenance of the Alaska Pioneers' Home and the Alaska Veterans' Home to be expended by the department, and the department may receive funds, donations, and bequests from private individuals, societies, or organizations, and funds from the federal government for the support and maintenance of the homes. Sec. 47.55.060. Trust fund. Unless otherwise provided by the donor, money bequeathed to the Alaska Pioneers' Home or the Alaska Veterans' Home constitutes a special trust fund. Unless otherwise provided by the donor, interest from the special trust fund is under the control and at the disposal of the department, and expenditure from it is limited to the benefit and comfort of the residents of the homes. Sec. 47.55.070. Indebtedness of home resident to state. The following expenses incurred for an Alaska Pioneers' Home or Alaska Veterans' Home resident under this chapter and not recoverable from a collateral source are a debt of the resident to the state and may be recovered during the life of the resident: (1) costs of standard or nursing care provided in the home each month to the resident not exceeding the rates and charges established under AS 47.55.030 , with credit given for any amounts paid by or collected from the resident; (2) allowances paid under AS 47.55.020 (c); (3) arrearages in fees for television and telephone services provided in the home; and (4) costs of prescription medicine. Sec. 47.55.080. Enforcement against estate. If a beneficiary under this chapter dies leaving an estate in the state, the attorney general or the Department of Family and Community Services shall file with the executor or administrator, or with the probate court, the claim of the state against the estate, and the attorney general shall take the steps necessary to enforce and collect the claim. Money collected shall be paid into the treasury of the state. Sec. 47.55.090. Enforcement against property outside state. If a beneficiary under this chapter dies leaving property outside the state, the attorney general on direction of the governor shall take the steps with respect to the property that will protect and secure the rights of the state as a creditor. Sec. 47.55.095. Limitation on enforcement of claims against estate. Notwithstanding AS 47.55.080 and 47.55.090, upon the death of an Alaska Pioneers' Home or Alaska Veterans' Home resident or of a recipient of day care or respite services, a state claim for unpaid debt owed to the home may be satisfied only out of the decedent's estate. The state may not pursue a claim to the extent doing so would work undue hardship, as determined by the department by regulation, on the surviving spouse or dependent of the decedent. Family portraits and heirlooms of the type identified under AS 09.38.020 (a)(3), without regard to value, may not be taken by the state in satisfaction of a debt to the home. Sec. 47.55.100. Certificate as evidence. A certificate by the attorney general to the effect that a decedent was a beneficiary under this chapter and that the state has a claim against the decedent's estate, is prima facie evidence of these facts in a proceeding in the courts of the state. Sec. 47.55.900. Definitions. In this chapter, unless the context otherwise requires, (1) “department” means the Department of Family and Community Services; (2) “home” means (A) the Alaska Pioneers' Home; or (B) the Alaska Veterans' Home; (3) “physical disability or other reason” means inability of an individual to maintain a household without regular assistance in shopping, housekeeping, meal preparation, dressing, or personal hygiene because of physical or medical impairment, infirmity, or disability; (4) “resident of the state” has the meaning given “resident” in AS 47.25.430 (a); (5) “veteran” means a person who has been discharged from the armed forces of the United States, including the Alaska National Guard or the Alaska Territorial Guard; the discharge from the armed forces must be other than dishonorable.